Is the time spent on medical evaluation for determination of work capacity reduction due to occupational accidents included in paid working hours in Vietnam?
- Is the time spent on medical evaluation for determination of work capacity reduction due to occupational accidents included in paid working hours in Vietnam?
- Who is responsible for preparing an application for occupational accident benefits in Vietnam?
- Are workers who has an occupational accident provided with an amount of money for purchase of living aids in Vietnam?
Is the time spent on medical evaluation for determination of work capacity reduction due to occupational accidents included in paid working hours in Vietnam?
Based on the provisions in Article 58 of Decree 145/2020/ND-CP as follows:
Time periods included in paid working hours
1. Rest breaks prescribed in Clause 2 Article 64 of this Decree.
2. Work-specific breaks.
3. Breaks that are necessary and accounted for in productivity norms due to natural human needs.
4. Rest periods to which female employees that are pregnant, raising a child under 12 months of age or during menstruation are entitled as prescribed in Clause 2 and Clause 4 Article 137 of the Labor Code.
5. Work suspension periods through no fault of the employees.
6. Periods of meetings, learning, training required or accepted by the employer.
7. Time periods over which trainees and apprentices directly perform or participate in performance of work as prescribed in Clause 5 Article 61 of the Labor Code.
8. Time periods over which employees who are members of the management board of the internal employee representative organization are employed to perform the duties prescribed Clause 2 Decree Clause 3 Article 176 of the Labor Code.
9. Time spent on health check-up, medical examination for occupational diseases, medical evaluation for determination of work capacity reduction due to occupational accidents or diseases if arranged or required by the employer.
10. Time spent on registration and medical examination for military service if the employees are paid for as prescribed by military service laws.
According to this regulation, the time spent on medical evaluation for determination of work capacity reduction due to occupational accidents is included in paid working hours.
Is the time spent on medical evaluation for determination of work capacity reduction due to occupational accidents included in paid working hours in Vietnam?
Who is responsible for preparing an application for occupational accident benefits in Vietnam?
Pursuant to Clause 1, Article 6 of Circular 28/2021/TT-BLDTBXH stipulates as follows:
Applications for compensations and benefits
1. For a worker who is entitled to compensation and benefit for an occupational accident, his/her employer shall be responsible for preparing an application including:
a) A minute of incident investigation, a meeting report on publicizing the minute of incident investigation of an Incident Investigation Team at the grassroots or province level, or at the central level.
b) A report on medical assessment (a written confirmation of the work capacity deduction percentage resulting in an occupational accident or WPI caused by the occupational accident) or a written confirmation report of worker’s death of a medical authority or a declaration of death of a missing worker of a court.
c) A decision on compensation or benefit for the occupational accident of the employer (according to the form specified in Appendix II issued together with this Circular).
d) A written confirmation of accident on way (if any), for cases prescribed in point c clause 5 Article 35 of the Law on Occupational Safety and Hygiene. Contents of the written confirmation may follow the form specified in Appendix IV issued together with this Circular.
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According to the above regulations, the responsibility of preparing applications for employees to receive compensation and benefits for occupational accidents is the responsibility of the employer.
Are workers who has an occupational accident provided with an amount of money for purchase of living aids in Vietnam?
Pursuant to Clause 1, Article 12 of Circular 28/2021/TT-BLDTBXH, there are regulations on allowances for the purchase of daily living aids and orthopedic devices and terms for the provision as follows. :
Regulations on allowances for the purchase of daily living aids and orthopedic devices and terms for the provision
1. A worker who has an occupational accident or disease resulting in damages to his/her body functions, depending on his/her disabilities or diseases shall be provided with an amount of money for purchase of living aids and orthopedic devices as prescribed at health treatment facilities, orthopedic and rehabilitation facilities of the Labor, War Invalids and Social Affairs sector or of provincial, central or higher-level hospitals (hereinafter referred to as “orthopedic and rehabilitation facilities”). .
Thus, a worker who has an occupational accident or disease resulting in damages to his/her body functions, depending on his/her disabilities or diseases shall be provided with an amount of money for purchase of living aids and orthopedic devices as prescribed at health treatment facilities, orthopedic and rehabilitation facilities of the Labor, War Invalids and Social Affairs sector or of provincial, central or higher-level hospitals.
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